Bill Haslam and his wife, Crissy, right, make a show of patriotism prior to Veterans Day in Nashville. (Photo https://www.flickr.com/photos/governorbillhaslam)

[Tennessee Gov. Bill Haslam and the state’s Republican establishment caved to gay theory the day its most notable argument — the high court case of Obergefell vs. Hodges — was published. Mr. Haslam immediately directed 95 county clerks to disobey the state constitution and begin issuing marriage licenses to homosexuals. Mr. Haslam is in good company and could even learn a lesson from the playbook of Kentucky’s newly elected governor, Matt Bevin. He panders to county clerks and their defense of their personal integrity, and wins an election. — DJT]

By Matt Trewhella

Matt Bevin, Kentucky governor elect

On Nov. 3, Matt Bevin was elected governor of Kentucky. He was touted as a conservative and a Tea Party candidate. But on Nov. 8 he declared that he will issue an executive order to “remove the names of the county clerks from the marriage form.” In other words, he is going to help accommodate the evil of homosexual marriage.

Rather than do his God-given duty and interpose against an immoral, unconstitutional court opinion by SCOTUS, Bevin has decided to pander to the pietism of a handful of county clerks. He will defend their “religious liberty” while he provides the means for homosexual marriages to occur.

He will not order county clerks not to issue marriage licenses to homosexuals. He will not uphold the statutes of Kentucky which state that marriage is only between a man and a woman. He will not defend Kentucky’s constitution which declares that marriage is only between a man and a woman.

Truth be told – this was treachery from the start.

GOP turns liberty into venal concept

“Religious liberty” is the latest retreat of the GOP and the conservatives. First they stood against sodomy itself, but then they retreated to the new position of opposing homosexual marriage. Now they have retreated from that position to defending religious liberty.” The GOP has no fealty to Christ. They only know political expediency – an expediency for their own political ends.

After the Obergefell opinion by the Supreme Court this past June, the Republican leadership in Kentucky – with the connivance of pro-family groups – decided that homosexual marriage and religious liberty provided a political opportunity to capture the governor’s seat from the Democrats.

They made the clerks – like Kim Davis and others – the poster-children for their campaign. “Protect their religious liberty!” was the rallying cry. But the GOP never intended to actually stop the evil of homosexual marriage in Kentucky – they only wanted to use it to seize the governor’s seat.

Accommodate gays today

Now that they have it, their true motives are revealed in Bevin’s deceptive executive order. They will accommodate the evil of homosex marriage. Those who are easily duped will think him some great hero and defender of freedom and marriage, but in reality, he will create the first state policy – through executive order – that acknowledges the legitimacy of homosexual marriage in Kentucky.

Laws or policies that protect Christians from being personally affected by evil laws – but which allow the evil to continue in the nation – are themselves evil laws or policies. Such laws or policies further marginalize Christ and Christianity within the culture.

Lesser magistrate — true defense of liberty

Bevin’s true duty is interposition. He has a duty to protect the people of Kentucky against a lawless federal judiciary that wants to give the force of law to depraved men. He has a duty to defy.

True federalism understands that all magistrates – whatever their level or sphere of jurisdiction – possess lawful authority. And that whenever one branch of government begins to play the tyrant – all other branches (whether federal, state, county, or local) have the duty then more than ever to uphold the Constitution and oppose that branch – even if that branch is the Supreme Court.

Matt Bevin took an oath to uphold the U.S. constitution – he did not take an oath of subservience to the federal government, nor the federal judiciary. The Obergefell opinion is repugnant to the U. S. constitution.

The Supreme Court cannot make law. That takes legislators. The opinion of SCOTUS is not the ‘law of the land.’ There is not one law in all of Kentucky, nor any federal law, that states homosexuals can marry. All the laws of Kentucky state that only a man and a woman can marry.

True interposition of the lesser magistrates protects the people against evil and it also abates the just judgment of God – it doesn’t try to help accomplish the evil like Matt Bevin’s executive order will do.

First, all Kentuckians need to immediately contact Matt Bevin and demand that he interpose against Obergefell; that he defy the federal judiciary and uphold Kentucky’s statutes and Constitution, and the U.S. Constitution.

Second, all Americans – in Tennessee and every other state – need to be vigilant and oppose all legislation proposed in their state that acknowledges homosexual marriage – even when it is a bill that seems to oppose homosexual marriage. Across America, state legislators are issuing bills to create laws that inadvertently acknowledge homosexual marriage. This is the same mistake the states made after the Roe v. Wade opinion.

All Americans must demand interposition by their governors and legislators. They must accept nothing less.

Tennessee bill a good effort

Third, all Americans should take a copy of the bill of true interposition that has been introduced in Tennessee and give it to their legislators – and demand that a bill of true interposition be introduced in their state.

The Tennessee bill declares – among other things – that marriage between one man and one woman “remains the law in Tennessee, regardless of any court decision to the contrary. Any court decision purporting to strike down natural marriage, including Obergefell v. Hodges, is unauthoritative, void and of no effect.”

The Obergefell opinion is immoral because it impugns the created order, Law, and Word of God. It is unconstitutional because the federal government has no jurisdiction over marriage granted to it in the U. S. Constitution.

As James Madison, known as the “Architect of the constitution,” said in Federalist No. 45, “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which remain in the State governments are numerous and indefinite.” We have long left that standard. The states have long been reduced to mere provinces of the federal government. The states were never intended to be mere implementation centers for immoral, unconstitutional federal laws, policies, and court opinions. Interposition is needed and necessary.

The interposition of the lesser magistrates reminds the higher authority that their authority is delegated and has limits. Civil government does not rule with autonomy. The authority it has is delegated to it by God. All those in positions of authority stand accountable to God – even the U.S. federal government.

— Matthew Trewhella is the pastor of Mercy Seat Christian Church (http://MercySeat.net). He and his wife, Clara, have eleven children and reside in the Milwaukee, Wisconsin area. You can obtain his excellent book The Doctrine of the Lesser Magistrates: A Proper Response to Tyranny and A Repudiation of Unlimited Obedience to Civil Government at Amazon.com or by going to the websites http://DefyTyrants.com or http://LesserMagistrate.com.

About The Author

David Tulis hosts a talk show weekdays 1 to 3 p.m. on NoogaRadio 92.7 FM 95.3 FM HD4 (digital), covering local economy and free markets in Chattanooga and beyond. Nothing on this website should be construed as legal advice; all discussions about law and practices favoring a free people are opinion and educational; if you want legal advice consult a licensed attorney.